Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation

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Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Brexit Update #8    3 Sept 2019

           Ian Wright CBE, Chief Executive
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
What we’ll cover today

• Previously, on Brexit…
• What happens next???
• Update on preparations for no-deal

  You can send questions during the webinar (either just for me to see, or for everyone to see)
                    Otherwise, email me at any time: ian.wright@fdf.org.uk
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Since our last webinar
Date     Event
         BBC story on food and drink industry calling for competition law
7 Aug
         protection in the event of no-deal.

8 Aug    FDF attends Michael Gove business roundtable at 10 Downing St

         Jeremy Corbyn writes to opposition leaders and senior MPs asking them
15 Aug
         to support him leading a government of national unity.

18 Aug   Leaked ‘Operation Yellowhammer’ document in Sunday Times.

         Stephen Barclay (DExEU) announces that UK ministers and officials will
20 Aug
         stop attending most EU meetings.

21 Aug   HMRC announces auto-enrolment in EORI scheme
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Since our last webinar
Date          Event
              Boris Johnson visits Germany to meet Angela Merkel + France to meet
21 - 22 Aug
              Emmanuel Macron
              ‘Church House Declaration’:160+ cross-party MPs (exc. Con) pledge their
27 Aug
              support to stop No Deal Brexit “Using whatever mechanism possible”
              Boris Johnson announces intention for prorogation (suspension) of UK
28 Aug
              Parliament
              Legal attempts to challenge suspension launched at the High Courts in
29 Aug
              London and Belfast, and Scotland's highest civil court

1 Sept        Rebel Conservative MPs threatened with removal of whip

2 Sept        Government launches public campaign 'Get ready for Brexit’
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Government ‘Get Ready’ Campaign
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Since our last webinar

                                  • The PM urged MPs not to vote for
                                    ‘another pointless Corbyn delay’. If
                                    they do, it would, “plainly chop the
                                    legs out from under the UK position".
                                  • Said there were "no circumstances" in
                                    which he personally would ask
                                    Brussels to delay Brexit.
                                  • Negotiators must be allowed to get on
                                    with their work, "And without an
                                    election. Without an election. I don't
                                    want an election and you don't want
PM’s Statement: 2 Sept 18:00hrs     an election,"
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Since our last webinar
                                     European Union (Withdrawal(No.6)) Bill
                                     • If, by 19 October the government hasn’t had a deal
                                       approved or a no deal approved, the PM must ask for an
                                       extension to 31 January 2020.
                                     • If either a deal or a no-deal motion is passed between 19
                                       October and 31 October, the PM can change or withdraw
                                       the request.
                                     • If the EU proposes a different extension date, the PM must
                                       agree to the proposal within 2 days…unless MPs reject the
                                       proposal in a vote.
                                     • PM can still agree to a different extension.
                                     • If the extension is agreed, the government has to publish a
                                       report on negotiation progress by 30 November. This has to
                                       be approved by MPs within 5 days.
                                     • If it is amended or rejected, another report has to be
                                       published by 10 Jan 2020.
                                     • There will be another report at least every 28 calendar days
                                       starting on 7 Feb 2020 until an agreement with the EU is
                                       reached “or until otherwise indicated by a resolution of the
Draft Bill to stop No-Deal             Commons”
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Forthcoming events
Date        Event

3 Sept      UK Parliament returns from recess + PM updates Parliament

            “Rebel Alliance” MPs attempt to take control of order paper for
3 Sept      tomorrow (4 Sept) using Emergency Debate – whether they win or
            fail shapes the week…
            Prime Minister’s Questions
            Fast-tracked HMT ‘Spending Round’ announcement by Sajid
            Javid
4 Sept
            Potential passage of EU Withdrawal No.6 Bill begins. Bill may be
            able to pass both Houses within 1 or 2 days.
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Forthcoming events
Date              Event
                  If Parliament passes ‘rebel’ legislation, PM may call for a General
                  Election. Can only proceed if 2/3 of MPs support the motion.
4 or 5 Sept
                  Not clear whether Labour would support this.

                  IF ‘REBELS’ CAN’T SEIZE THE AGENDA…
9 - 12 Sept       Parliament is prorogued

14 - 17 Sept      Liberal Democrat Party Conference
21 - 25 Sept      Labour Party Conference
29 Sept - 2 Oct   Conservative Party Conference
13 - 15 Oct       SNP Conference
Brexit Update #8 3 Sept 2019 - Ian Wright CBE, Chief Executive - Food and Drink Federation
Forthcoming events (if…)
Date             Event

14 Oct           State Opening of Parliament & Queen’s Speech

17 - 18 Oct      European Council meeting, Brussels

21 - 22 Oct      MPs vote on Queen’s Speech

24 Oct           Likely earliest date for a General Election

31 Oct           Legal default for UK to leave the EU

1 Nov            New European Commission starts its term of office

                 Last date for UK to leave EU (before six year budget round
May 2020
                 begins)
Reminder: What Could Stop No-Deal?

          A DEAL
          • Parliament votes through an amended Withdrawal Agreement.
          • PM insists there is ‘encouraging progress’ on a deal.

          LEGISLATION REQUIRING AN EXTENSION
          • Rebels to seek to pass the European Union (Withdrawal(No.6))
            Bill this week.

          THE FALL OF THE GOVERNMENT
          • Government loses a vote of no confidence and an alternative
            government (led by Jeremy Corbyn or someone else) takes over,
            seeks an extension and calls a General Election.
The Parliamentary arithmetic

• There are 650 MPs.
• 11 MPs don’t vote by convention or choice (Speaker & deputies plus Sinn Fein MPs).
• Government therefore needs 320 votes for a majority.
   • (Subtract two tellers from each side to count the votes and 318 is the magic number in an actual division).

• There are 310 voting Conservative MPs, plus 10 DUP MPs making 320.
• In the event of a tie, the Speaker has the casting vote.
The Parliamentary arithmetic of a deal

• On each occasion that a no-deal Brexit was put to the House of Commons, it
  received no more than 164 votes. Where can Boris Johnson look for 154 more
  votes?

   • DUP(10)                                                              10
   • Labour                                                                4
       • 4 voted for no-deal in June
       • 30 have made pro-Brexit noises but only 10 have voted that way
   • Conservatives                                                        290 (max)
       • 150 have actively voted for no-deal,
       • More than 30 have voted against no-deal or said they would

   TOTAL                                                                  304?
The Conservative Conundrum

For those Conservatives opposed to no-deal the conundrum is this:
• “I would only vote to bring down my own party’s government as a last resort.”
   • Many would have wished to wait to see the outcome of the EU Summit on 16 October.
However,
• By taking the ‘nuclear’ option to prorogue and then threaten removal of the whip, the
  PM has forced anti-no deal Conservatives to take a stand earlier than they wished,
  risking:
     • Deselection as a candidate (although some have announced they are standing
       down)
     • Expulsion from the party
      “You have to judge between your own personal interests and the national interest,
                          and the national interest has to come first”
                         Rt Hon David Gauke MP, 1 September 2019
All roads point to a General Election

• If Parliament is successful, PM could move a motion to call a ‘people versus
  Parliament’ election.
• However, 2/3 of MPs will need to vote for it – and there is no guarantee
  Labour will:
   • Former PM Tony Blair has warned the party about falling into Boris’s “elephant trap.”
   • But the party has called for a GE many times in the last few years – will look silly if they do
     not support
• Public polling shows Conservative support increasing – and the PM’s personal
  polling rising but the 2017 election looms over this decision.
• Predicting voting behaviour is difficult – how successful will the mooted
  ‘remain alliance’ be?
The complexity of the numbers

                                Credit: Iain Anderson from Cicero Global
So what happen next? My current guesses

1. MPs are successful today in seizing the agenda and legislate for an
   extension and/or to avoid a no deal departure on 31 October.

2. Boris rejects this and calls for a ‘who governs?’ election ASAP.

3. The Conservative Party fights the election on a no-deal platform – if they
   win, the Government presses on with a no deal departure, possibly slightly
   delayed by a few weeks.

4. If they don’t, then we could see all manner of scenarios.
Our clear advice to members

• No-deal is more likely today than AT ANY TIME.

• We must all use the little time left to prepare to the very best of our ability.
    • NB preparedness, not readiness; we can never be ‘ready’ for no-deal
• Companies must not only secure their own preparations, but satisfy themselves that
  their supply chains (up and down) have prepared.

• We, at FDF, will step-up our own work on this; demanding answers to the questions
  that remain unanswered; convening the wider industry; providing practical advice and
  guidance.

• If there is an election, we will build on our recent and highly successful Plan for
  Growth document to set out a clear manifesto for food and drink manufacturing.
UK temporary import tariff

Temporary tariffs for 12 months:
    •   majority of F&D set to zero, with no tariffs on goods moving from RoI to NI
    •   exceptions: beef, lamb, pork, poultry, some dairy, sugar
    •   lower/no tariff on 88% of agrifood products currently “protected” by EU MFN tariffs
    •   tariffs removed on £3bn of non-EU imports
    •   however, £7bn of imports from EU would now face tariffs
    •   changes possible e.g. if imports surge or fail to arrive

FDF is calling on Government to clarify how it will consult on a permanent approach

An announcement is expected this week from Government on the
temporary tariff following discussion in Cabinet on Monday.
FDF UK trade policy priorities

We are clear that Government should focus all efforts on:

1. Agreement with EU on trade (no tariffs and generous Rules of Origin)

2. Continuity agreements with all existing preferential trade partners

3. Minimising disruption from customs procedures and SPS checks etc

4. EU regulatory body membership/strong mutual recognition with new UK
   equivalents
FDF UK trade policy priorities

When those priorities have been secured...

1. Resources can be diverted by Government/industry to future UK trade deals

2. Consultation to establish a dedicated food and drink trade policy
   underpinned by firm Government commitments that:

   • no weakening of health/safety/environment protections

   • food and drink standards not a bargaining chip in negotiations
Trade agreement continuity

             Not possible           Significantly off track                 Off track                     On track (with risks)
                            28 agreements with 38 countries                                      13 agreements with 38 countries
 Algeria                    Albania                           Georgia                            Andean Community
 Andorra                    Bosnia & Herzegovina              Ivory Coast                        Cariforum EPA
 Japan                      Cameroon                          Jordan                             Central America
 San Marino                 Canada                            Kosovo                             Chile
 Singapore                  East African Community EPA        Lebanon                            Eastern and Southern Africa EPA
 Turkey                     Egypt                             Mexico                             Faroe Islands
 Vietnam                    Ghana                             Moldova                            Iceland and Norway
                            Montenegro                        Morocco                            Israel
                                                              Southern African Customs Union +
                            North Macedonia                                                      Liechtenstein
                                                              Mozambique
                            Serbia                            Tunisia                            Pacific EPA
                            Ukraine                                                              Palestinian Authority
                                                                                                 South Korea
                                                                                                 Switzerland
Latest on individual deals

• Central America: agreed 18 July (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama)

• South Korea: agreed 10 June

• Andean Community: agreed 15 May (Colombia, Ecuador, Peru)

• Continuity deals: FDF working with Defra/DIT on simple guidance on F&D

• Majority of F&D trade off track/not possible: 54% of imports and 66% of exports

• Continuity agreements may include significant changes:

    e.g. Switzerland: 67% of existing F&D imports and 54% of F&D exports excluded!

• FDF is working with Defra to produce F&D guidance on every agreement
Feedback required

FDF is seeking input on:

1. Impacts of a two-day border delay for imports of short shelf life products and
   ingredients.

2. Priorities and day one requirements in any negotiations with the EU to
   mitigate a no-deal Brexit.

Contact luke.hindlaugh@fdf.org.uk if you can assist. Input will be anonymised.
‘Freedom of movement will end 31/10’ – will it?

What’s technically true?

• EU law covering Freedom of Movement in the UK will end

• This means that UK nationals going to the EU will have to comply
  with each individual member states arrangements for immigration
  and mobility

• However, Freedom of Movement has been transferred into UK
  law

• Until new legislation is passed repealing this, EU citizens will still
  have freedom of movement into the UK

• According to the Institute for Government, it is ‘close to impossible’
  that this can be changed by October 31st
‘Freedom of movement will end 31/10’ – will it?

What’s not being changed?

• EU citizens will still be able to cross the UK border freely with an EU
  passport or national ID card

• EU citizens in the UK before Brexit will still be able to apply to the EU
  Settlement Scheme on the same basis as before
‘Freedom of movement will end 31/10’ – will it?

What is being changed?

• The new government are going to change the previous government’s plan for EU
  citizens arriving after Freedom of Movement ends (i.e. European Temporary Leave
  to Remain)

• New plans are to be set out ‘soon’

• Changes to the previous government’s plans might include:
   • How long EU citizens arriving after Brexit can get a one-off visa for (previously 3 years)

   • The costs of getting a one-off visa (previously approx. £65)

• Potential for even further reduced inflow of EU citizens post-Brexit if immigration
  offer is made more expensive for less benefit
Food and drink regulation

• Many items are still unclear e.g. health marks, status of Protected
  Geographical Indicators, Organic certification etc.

• FDF is pushing for clarity

• Businesses advised to prepare as they did prior to 29/3/19

• We should not assume that agreements made previously will turn out the
  same way this time – back to square one

• FDF will hold a full update for Food Safety and Science Steering Committee
  members by conference call on 17/9/19.
FDF Brexit Roadmap

Key guidance for members on the FDF Brexit Roadmap includes:
   • Settled Status toolkit

   • Transitional Simplified Procedures (TSP)

   • Essential actions for importers and exporters

   • Calculating no-deal tariffs

   • Latest state of play on FTA continuity

Further useful info can be found on www.brexitfoodhub.co.uk
Brexit Essentials, 25 September 2019

       Brexit Essentials –
       No Deal Preparations
        25th September 2019, FDF Office, London
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